Dismissed
Sweety Xavier v. Sebastian Joseph
Kerala HCOP(C)/256/2014
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
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This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 2ND DAY OF MARCH 2017/11TH PHALGUNA, 1938
OP(C).No.256 of 2014 (O)
I.A.NO.240/2014 IN OS.NO.710/2012 OF THE MUNSIFF'S COURT, ERNAKULAM
PETITIONER/PETITIONER IN I.A/PLAINTIFF IN THE SUIT:
SWEETY XAVIER, AGED 39 YEARS, W/O.SHERRY PETER, ITHITHARA HOUSE, STATUE JUNCTION, NAZRATH, COCHIN-2 REPRESENTED BY HER POWER OF ATTORNEY HOLDER, GIG XAVIER, AGED 42 YEARS S/O. E.T.XAVIER, ITHITHARA HOUSE, STATUE JUNCTION, NAZARETH, COCHIN - 2.
BY ADVS.SRI.P.SANJAY
SMT.A.PARVATHI MENON
RESPONDENTS/RESPONDENTS IN I.A/DEFENDANTS IN THE SUIT:
ELAVUENGAL HOUSE, ELAMAKKARA, COCHIN-26.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 256 of 2014 (O)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1: TRUE COPY OF THE POWER OF ATTORNEY DATED 24-08-2012. EXHIBIT P2: TRUE COPY OF THE PLAINT DATED 22-08-2012. EXHIBIT P3: TRUE COPY OF THE WRITTEN STATEMENT DATED 03-09-2013. EXHIBIT P4: TRUE COPY OF THE I.A.NO.240/2014 DATED 06-01-2014.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
AHZ/
P.Somarajan, J.
O.P.(C)No.256 of 2014 (O)
Dated this the 2nd day of March, 2017
JUDGMENT
This petition is under Article 227 of the Constitution of India by the petitioner (plaintiff in O.S.No.710 of 2012 on the file of the Munsiff's Court, Ernakulam). The prayer in the petition is to issue a direction to the Munsiff's Court, Ernakulam to await and consider final mediation report in O.S.No.710 of 2012 before taking evidence in the suit and to issue a direction to consider Ext.P4 petition filed by the petitioner for removal of the suit from the list and to issue other directions which this Court deems fit and proper in the circumstances. The prayer in the petition itself would show that the present application is a misuse of process of this Court.
When the matter taken up for hearing today, both the counsel appearing for the petitioner and the respondents remained absent. As such, the original petition is dismissed for non-prosecution.
P. Somarajan Judge
ahz/
SWEETY XAVIER
SEBASTIAN JOSEPH
AVILA SEBASTIAN
P. Somarajan
As recorded by the court registry
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